§41.203. Declaration.
37 C.F.R. § 41.203
Interfering subject matter. An interference exists if the subject matter of a claim of one party would, if prior art, have anticipated or rendered obvious the subject matter of a claim of the opposing party and vice versa.
Notice of declaration. An administrative patent judge declares the patent interference on behalf of the Director. A notice declaring an interference identifies:
The interfering subject matter;
The involved applications, patents, and claims;
The accorded benefit for each count; and
The claims corresponding to each count.
Redeclaration. An administrative patent judge may redeclare a patent interference on behalf of the Director to change the declaration made under paragraph (b) of this section.
A party may suggest the addition of a patent or application to the interference or the declaration of an additional interference. The suggestion should make the showings required under § 41.202(a) of this part.
Notes, amendments, and revision history
Authority
Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135, and Public Law 112-29.
Source
Source: 69 FR 50003, Aug. 12, 2004, unless otherwise noted.